Stepping Stones: Zoning Board's Review Begins

The proposal to add parking space to the Stepping Stones Foundation's Katonah property was taken up Wednesday by Bedford's Zoning Board of Appeals.

The foundation is seeking an area variance from the board because its property, along Oak Road, does not have frontage to a state or county road, which is required by Bedford's zoning code for institutions operating under a eleemosynary/philanthropic use. The proposal involves allowing a continuation for the use, which is existing. Whitney Singleton, Stepping Stones' attorney, notes that his client's operation predates the town code requirement.

The ZBA received Stepping Stones' initial application more than two years ago, Singleton explained, but the project was first reviewed by the town board and planning board. In January, the town board finished an environmental review by issuing what is called a negative declaration, meaning under state law that an environmental impact statement (EIS) does not need to be produced. The town board is considering a special permit in connection to the project, while the planning board is considering site plan approval, Singleton said, but they are first waiting for action from the ZBA.

Stepping Stones is proposing the creation of 13 pervious parking spaces on the site, Singleton said, which would accommodate vehicles that currently engage in on-street parking. The property is about 8.5 acres and includes the former home of Bill and Lois Wilson, who were the founders of Alcoholics Anonymous and Al-Anon. The home has since become a museum, Singleton said, while a garage has been converted into a visitors' center.

“It basically sits there as a shell, preserving all of the historic memorabilia of the Wilsons as though they are still living there,” Singleton said about the home.

The site once had parking space on site, which was displaced during the conversion of the garage Singleton said. Part of his argument in favor of a variance is that the property once had frontage to Cherry Street, a county road. However, it lost that frontage when part of its land was ceded to build an adjacent. The home, Singleton argued, was the Wilsons' residence and work place from 1940 until they died, and that it also predates neighboring residences, which were built after subsequent subdivision.

Nearby residents have reportedly worried about traffic and crowds for the property.

With regards to traffic, Singleton argues that its trip generation will be less than a single-family home, with only people in the 2,700-per-year range showing up based on data.

“Thirty percent of the year, nobody shows up,” he said. Data for the foundation has also been confirmed by the town, he said.

Singleton also noted that last year the site was designated a National Historic Landmark by the Obama Administration.

“There are certain people in this room that would like you to take a National Historic Landmark and close it.”

An attorney, Leslie Maron, has been retained to represent 11 nearby property owners in the matter and made his appearance before the board.

Maron and Singleton clashed repeatedly during the meeting, with the dialogue similar that of a court case.

Maron argued that Stepping Stones has never legally had a eleemosynary/philanthropic use, claiming that its functions don't not meet the town code for it, which gives a definition of a non-profit that is “promoting the general welfare as its major purpose.”

“These are hardly promoting the general public welfare,” he said, also arguing that a special permit granted several years ago by the town for the garage conversion should never have been given.

“I've never seen such a long-term blatant example of abuse of zoning laws and occupancy laws,” Maron said. The attorney noted that the property had been used as a home, and claimed that town records support his contention that the use was not allowed.

Asked by Patch for comment, Singleton denied Maron's argument, saying that “he's wrong and we're going to prove he's wrong.”

Maron also argued that the application should involve seeking a use variance, instead of an area variance. A use variance, Maron noted, involves the ZBA granting authorization on a piece of land for a use not otherwise allowed. An area variance, in contrast, deals with authorization in relation to dimensional requirements. Maron argued that Stepping Stones cannot get a special permit without frontage on a county or state road, a cause for needing a use variance.

Ultimately, the ZBA sided with Singleton on variance type, believing that the application falls under an area variance. Another legal topic, whether the site represents a pre-existing, non-conforming use, was discussed, but it was determined that the matter is under the town board's purview for the special permit needed. 

The zoning board will take up the variance application again at its September meeting when there will also be a public comment opportunity.